Juridische Hulp Bij Verkeersongeval | Rechtswinkel

Vraagsteller

Hello, My dear friend has been hit by a car in Rotterdam. He is currently home after jaw operation (it was broken in 2 places). He was hit while riding roller-blades on sidewalk. Driver admitted his fault and took him to hospital right after the accident. However now his phone is turned off and my friend has no way of contacting him. Police has been informed same day (Feb 10), but no action has been taken. My friend received a call from police on Feb 13 informing him that the accident has been registered, but the officer is on vacation and any action will be delayed until Friday and on Feb 17 (Friday), he received another call from the same officer, who stated that the identity of driver is known and he will try to call the driver on Feb 21. I'm not familiar how police works in Netherlands, but having in mind someone was hit by a car and injured, they seem to be extremely unresponsive taking no other action than phone calls. Are they doing everything they are required to do by the law? Maybe my friend should go to police station and write an official report about an accident? As I said my friend has been taken care of in hospital (Erasmus university) and he did not have insurance at the time. However drivers insurance should cover all costs, but how to proceed with this, since driver is missing? How to know which company insurance he has?

Jurist

Hello, I think your friend needs to go to the police office and make an official statement there. The driver is known, they know his name, so he is responsable and has to inform his insurance compagnie. On the other hand: the accident took place in february 2013? Almost a year ago! If the police ignore the statement your friend has the right to officially complain about the matter, if they don't he should claim his civil damage being a victim in the same procedure.

Vraagsteller

Sorry, I got months wrong, it should be January instead of Fab. :) Accident happened 2014-01-10. Thank you very much for the advice!

Jurist

If the police knows who the driver is they should know what Insurance company is involved. If you ask the police which Insurance company it is you can go directly to the Insurance company and ask them to cover the costs. If you want I can help you with this. You can contact me by using the button next to this answer.

Jurist

Dear Sir, Madam, In the Netherlands, an accident is considered to be a 'civil law' matter. That means that the parties involved need to inform their insurance company. The insurance company will assess the accident and determine which of the involved parties are liable. According to your story, the car is responsible. The insurance company of the car needs to indemnify your friend. The police is only there to take statements. These statements can be used to determine liability. Of course, it would have been better if these statements were taken earlier, but these statements are not a necessity in a civil law matter. I understand that your friend has personal injury. I hope he will get better soon. In case of personal injury, I recommend him to contact an personal injury lawyer. An personal injury lawyer can help your friend find the insurance company and make sure he will receive compensation. Usually, this help is free, since the insurance company has to pay these costs of the lawyer. If your friend would like to, I could be of help. Good Luck!